Theresa May 'is close' to McKinnon ruling as she examines evidence about his psychiatric state

Decision: Theresa May is examining medical evidence about Gary McKinnon's psychiatric state before deciding if he will be extradited

A decision on the fate of Gary McKinnon will be made within months, a court was told yesterday.

The computer hacker has been battling extradition to the US for ten years on charges he unlawfully accessed Defence Department computers.

The Asperger’s sufferer says he was innocently looking for evidence of little green men, but the US Government insist he must be put on a plane and forced to stand trial.

He is awaiting Theresa May’s decision on whether he can be sent across the Atlantic despite fears he may kill himself if extradited.

The Home Secretary is examining medical evidence about his psychiatric state.

Yesterday the High Court was told she is ‘close’ to making a decision, but the Home Office has asked for a further medical examination before a final decision is made.

Mr McKinnon’s family insist he is a major suicide risk if he is put on a plane, and say doctors’ assessments prove he is unfit to stand trial.

His barrister, Ben Cooper, told the court his client had a ‘very serious mental condition’.

‘Any further examination would be highly detrimental and dangerous to Mr McKinnon’s highly fragile mental health,’ he said.

Battle: Gary McKinnon has been fighting for a decade against his extradition to the U.S., where he is accused of unlawfully accessing the Defence Department computers

He said Mr McKinnon had endured a ‘long ordeal which has lasted for ten years since his arrest and interrogation by police in this country’ and pointed to the ‘danger’ of subjecting him to further tests.

Hugo Keith QC, for the Home Office, said the case was ‘near the end of the decision-making process’.

Judge Sir John Thomas said: ‘It must be in his overwhelming interests that this process is brought to an end one way or another.’

He set a deadline of two weeks for Mr McKinnon’s lawyers to decide whether they will allow another doctor to examine him.

If not, Mrs May’s decision will be made on the basis of existing evidence.

There was outrage last month when a notorious paedophile won his battle against extradition to the US.

Shawn Sullivan, who was on Interpol’s most wanted list won the right to stay in Britain on human rights grounds.

The high court said the 43-year old was at risk of being put on a sex offenders programme that would breach his human rights.

Mr McKinnon’s case has exposed the operation of the US/UK extradition treaty which critics say is lopsided and unfair on Britons.